Within 200 yards of any dwelling, church, school or any other building or buildings which from time to time are utilized for human occupancy.

Within 200 yards of:

In addition to any and all setbacks required by this chapter, any use regulated by this section shall also be subject to the following:

Each vehicle park shall be provided with sewage disposal facilities. The proposed provisions for sewage shall be presented to the Planning Commission and the Township Engineer for approval before any vehicle shall be permitted on the site. Approval shall be required from the Pennsylvania Department of Environmental Protection.

A recreation vehicle park may be approved without individual sewerage connection; provided, the park is serviced by approved central toilet facilities and central shower facilities. Approvals shall be required from the Township Commissioners and the Pennsylvania Department of Environmental Protection.

The purpose of this subsection is to provide standards and review procedures for the development, operations, siting, and decommissioning of solar energy systems in the Township of Lower Swatara.

Given the potential impact on the environment, health, safety and welfare of the citizens of the Township, the Board of Commissioners find that it is in the public interest to regulate the establishment and operation of solar energy facilities within Lower Swatara Township.

The Board of Commissioners of Lower Swatara Township specifically state an intent of this subsection is for the preservation of Township resources, the allocation of uses to those areas most suitable and therefore reduce the impacts, and encourage the remediation, reuse, redevelopment and complementary development of existing parcels to preserve undeveloped or low density development within the Township.

Layout, design and installation of all solar energy systems shall conform to the standards set forth by the International Electrotechnical Commission, and be certified by one of the following: American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC), or International Association of Plumbing and Mechanical Officials (IAPMO). The manufacturer specifications for the key components of the system shall be submitted as part of the application along with evidence of certification.

To the extent applicable, the solar energy system shall comply with all applicable building and construction codes adopted by Lower Swatara Township, as amended, and any regulations adopted by the Department of Labor and Industry.

Design and construction of all solar energy systems shall comply with applicable state and federal laws and regulations. The Township will consider the Pennsylvania Department of Environmental Protection's policies and guidance on the permitting of solar energy systems in the review and approval of any application.

All on-site utility, transmission lines, and plumbing shall be placed underground to the greatest extent possible.

Solar panels placed in the vicinity of an airport in a manner that may interfere with airport flight patterns will require proof of acknowledgement and approval from the applicable airport or the Federal Aviation Administration. The Township will require submission of such acknowledgment or approval prior to the issuance of any land development or building permit approvals.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.

A solar energy system shall not be constructed or installed until a building/zoning permit has been approved and issued by the Township. Solar energy systems shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the building inspector prior to installation. Building inspector approval is required.

All solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation. The Township may require anti-glare coating and the Township may, in its sole and absolute determination, require applicant to provide the Township with a glare report/study. The said report/study may be required at the time of application or any time thereafter. The said report/study shall be subject to review and approval by the Township. The cost of the review and approval shall be paid by applicant or owner.

The solar energy system shall not be artificially lighted except as necessary for safety and/or security purposes and, if needed, shall be shielded and downward facing to minimize off-site glare.

The Township shall require the applicant to bear all additional costs to the Township during construction and maintenance of the facility for review, inspections, administrative costs, education, and enforcing the requirements set forth in this subsection.

Noise from a PSES shall not exceed 60 dBA, except during construction, as measured at the property line of nonparticipating landowners. The Township, at any time, may require a noise study, the costs of the which are to be paid by applicant.

Structure-Mounted Solar Energy Systems.

Ground-Mounted Solar Energy Systems.

All ASES are subject to the requirements of this subsection.

Whenever practical, all ASES shall be attached to a building, or located on an existing impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the existing structure(s).

An ASES shall be permitted as an accessory use to an existing principal use in any zoning district by right subject to the regulations set forth in this chapter. It shall be the responsibility of the landowner and/or applicant to prove compliance with this chapter at the time of application for a building/zoning permit.

All solar-related equipment shall be located on the parcel or plot of land of record on which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjoining parcel or plot of land of record provided it will comply with all applicable virtual net metering regulations and policies of PPL or other public utility provider.

A majority, defined as at least 51% of the power generated by the solar energy system, shall provide power only for the principal use in which it services; any excess power generated by the solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.

For ground-mounted ASES, the minimum setbacks from the side and rear property lines shall meet the greater of either 15 feet or those established for buildings in the applicable zoning district.

Ground-mounted ASES are not permitted in front yards as defined by the Lower Swatara Township Zoning Ordinance.

Impervious Cover.

No ASES shall be installed or constructed without first requesting and receiving a zoning/building permit from the Township. Applications for ASES shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including both property lines and proposed setback distances.

The applicant must provide written authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection.

No photovoltaic panels may contain harmful chemicals such as Cadmium or amorphous silicon. Prior to construction, written panel specifications including composition, toxicological information, and the physical and chemical properties of all panels shall be supplied. The country of origin of the panels must be provided. Only bio-degradable cleaners and water shall be used to clean panels.

PSES are permitted by conditional use exclusively in the Mineral Recovery, Airport Industrial, Industrial, and Manufacturing Limited Zoning Districts.

The construction and installation of a PSES is land development as defined by the Lower Swatara Township Subdivision and Land Development Ordinance. The PSES shall comply with the Township subdivision and land development requirements.

The minimum lot size is five acres.

No PSES or solar-related equipment shall be located any closer than 50 feet to any property line.

The minimum setbacks specified above may be waived in the case of adjoining tracts of land with unity of ownership. In the case where the PSES development encompasses multiple tracts of land, the setback requirements shall apply to the development and not the individual tracts of land. The setbacks shall apply to the perimeter of the entire development.

No PSES will be permitted on lands that are enrolled in the Agricultural Preservation program.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Applicant must demonstrate that the amount of generated power can be supported by the relevant electric company and transmission lines. Evidence is also required to show that approval for the project has been secured by the Pennsylvania Utilities Commission and PJM, if required, before review. A feasibility study shall be provided as evidence that the interconnection electrical load can be supported.

No proposed photovoltaic panels may contain harmful chemicals such as Cadmium or amorphous silicon. Prior to construction, written panel specifications including composition, toxicological information, and the physical and chemical properties of all panels shall be supplied. The country of origin of the panels must be provided. Only bio-degradable cleaners and water shall be used to clean panels.

The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. The owner shall provide a copy of the final inspection report or other final approval from the utility company to the Township prior to the issuance of a certificate of use for the PSES.

For emergency purposes, the PSES owner and/or operator shall maintain a phone number and address of a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number, address and name to the Township, the same to be updated when changed. The PSES owner or operator shall affix their contact information to the standard entry of the parcel. The owner or operator shall have a duty to maintain the posted contact information as current. Failure to do so resulting in an inability of emergency or Township personnel to reach a responsible party will be a violation of the Lower Swatara Code of Ordinances and punishable as set forth therein. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints no later than three days after the complaint was filed.

PSES owners shall properly maintain all panels, structures and equipment and shall repair or replace any damaged or visibly degraded components. Components shall be replaced in kind, or with equivalent parts or materials, consistent with the original design and manufacturer's specifications and shall be completed within 60 days of the mailing of a notice by the Township of the need to make repairs or replacement. Said notice to be mailed by First Class Mail to the said responsible person provided for herein.

A contingency plan of emergency procedures shall be developed by the PSES owner consistent with standard operating practices of the industry and furnished to the Township, the local fire company and the County Department of Emergency Services at the time the application for a permit is submitted. The same shall be reviewed and updated, if necessary, every five years.

When the land surface is prepared for construction, grading and fill should be kept to a minimum. To the extent incidental grading is required for the installation of the solar energy systems, top-soil from disturbed areas must be removed before grading and stored on site to be returned to the disturbed land to a minimum of six inches to maintain the quality of the soil after both final grading and light rolling.

The Township will require the applicant, and any subsequent owner or operator of the facility, to provide an annual statement of activity to ensure that the facility is actively producing electricity for the power grid.

The applicant shall provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.

Stormwater.

Maximum Impervious Coverage. The total land area of a PSES must comply with the impervious cover requirements of the respective zoning district in which the parcel sits.

Screening.

Widespread use of herbicides to control ground cover growth is prohibited.

Unless agreed to by the easement or right-of-way holder, neither PSES nor solar-related equipment, may be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Access.

The requirements of this Subsection apply to PSES.

The applicant must provide an affidavit, or similar evidence, signed by the property owner and the solar energy system facilities owner, if applicable, affirming a lease agreement with a decommissioning clause (or similar) and a successors and assigns clause. The successors and assigns clause must bind those successors and assigns to the lease agreement.

The solar energy system facilities owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of six continuous months and substantial remedial actions necessary to return the solar energy system to a generating state are not underway. If the solar energy system facilities owner fails to dismantle and/or remove the solar energy system within 18 months of cessation or abandonment, the Township may complete decommissioning and hold the property owner and solar energy system facilities owner jointly and severally liable for the costs of such decommissioning.

When the facility ceases to be operational, the owner/operator of the facility shall return the land to its original natural state, including at least six inches of top-soil. All surface and sub-surface solar-related equipment shall be removed.

Applications.

Fees and Costs.

The solar energy system facilities owner must post a bond when the application for such a system is filed with the Township in an amount determined by the Township's Engineer, to ensure the proper decommissioning of the system. The applicant for a zoning permit for a PSES shall execute an agreement with the Township providing financial security in an amount equal to 125% of the estimated cost to decommission the solar energy system. The estimated cost shall be prepared by the applicant and shall be in writing itemizing the costs. The estimated costs shall be subject to the approval of the Township. The financial security shall be in the form of one of the following:

The agreement and financial security shall remain in effect until the solar energy system is decommissioned and the land restored to its original condition at the discretion of the Township. The financial security may be utilized by the Township to pay the costs of repair, replacement, dismantling, removal and/or restoration of the PSES or the land as provided herein. Every five years, a new estimate of the said costs shall be submitted to the Township in writing by the owner of the PSES. The said estimate shall be subject to the approval of the Township. The said financial security shall be adjusted to remain equal to 125% of the said estimated costs. In the event the Township utilizes the said financial security as herein provided, the owner of the PSES shall, immediately, replace the funds so utilized to the extent necessary to provide financial security in the amount of the said 125%. The Township shall be entitled to an administrative fee of 10% of the cost of any work done by it pursuant hereto. The same may be deducted from the financial security. Should the financial security not be sufficient to pay the costs and fees, the owner of the PSES and landowner shall be held jointly and severally liable for the costs and fees not paid from the financial security. The agreement referred to herein shall be prepared by the applicant. All costs, expenses and fees incurred by the Township in reviewing the estimates or enforcing the said agreement shall be paid by the applicant within 10 days of receiving a bill for the same.

Site location.

Metes and bounds of tract.

Location of all existing and proposed structures and identification of use.

Layout of plots, vaults, etc.

Location of utilities, access drives and parking.

Existing and proposed contours.

Proposed landscaping.

Stormwater management plan.

A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

"A-weighted sound level" shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

PennDOT Bureau of Aviation revokes the license or refuses to relicense the site/facility.

The FAA withdraws or revokes its approval or clearance.

Property lines and easements with dimensions and area.

Location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures.

The building types and floor plans to clearly define the character of the project.

Topographic information showing existing features and conditions and proposed grading.

Landscaping plans showing open spaces, planting, existing and proposed trees and recreational area and facilities.

Existing streets, showing access to the project, proposed roads and parking layout with dimensions.

Pedestrian circulation plan, providing for effective pedestrian travel on-site between facilities.

The original tract designating a minimum of 25% of the property to be used for ancillary uses. The ancillary uses shall be designed in accordance with the requirements of the Commercial Neighborhood District.

The nature and extent of the common open space in the project, the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan.

The manner in which such plans makes adequate provision for public services, provides adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

The relationship, beneficial or adverse, of the proposed development upon the physical environment and the neighborhood in which it is proposed to be established.

Whenever applicable, documents indicating compliance and approval of mandated state statutes or other laws shall be obtained and submitted as part of the application.

The manner in which such plan addresses the community need or demand for the type of housing and services proposed.

A statement as to any alternate forms of available transportation for residents.

A statement as to an emergency management plan.

Plan shall provide for a community center.

Independent retirement living units.

Single-family detached.

Semidetached.

Attached (i.e., townhouses).

Offices of physicians.

Offices of dentists.

Offices of osteopathic physicians.

Offices of other health practitioners.

Offices for property manager.

Individual and family social services, including adult day-care centers.

Food stores.

Restaurants, cafeterias and coffee shops.

Drugstores and pharmacies.

Banks.

Beauty and barber shops.

Recreation.

A residential retirement facility is designed to provide independent retirement living units and/or serve the medical and residential housing needs of older, retirement-age persons.

In the development of a tract for independent retirement living to serve the needs of older, retirement-age persons, 80% of the units of each phase must be occupied by at least one person 55 years of age or older. If one member of any household is a handicapped person, the unit occupied by that household shall be considered part of the 80% requirement, regardless of the age of said person. Once a household qualifies based on age or handicap, it shall continue to be considered qualified, as long as at least one member of the original household continues to live in the unit. A note shall be placed on the plan and a provision placed in the deed stating the age/handicap residency requirement.

A plan for the entire tract shall be approved and recorded as an entity. However, lots may be subdivided and sold as part of the overall land development plan. The overall land development plan may take place in phases.

Design Criteria.

The offering or furnishing of service in which "specified sexual activities":

On lots having a width less than required by the district regulations but not less than 27 feet in width, two side yards shall be provided, neither being less than five feet wide.

On lots less than 27 feet but not less than 20 feet in width, the building shall not exceed 16 feet in width, and two side yards shall be provided not less than four feet wide.

An accessory building may be attached to the main building.

When not attached to a main building, the accessory building shall be not less than 10 feet from the main building, except that when no windows are located in the opposing walls, the minimum distance can be reduced to five feet.

When a side or rear yard is along an alley, the accessory building shall be located not less than 30 feet from the center line of the alley.

When constructed in a rear yard, the accessory building may be located not less than five feet from the rear lot line.

When constructed in a side yard, the accessory building shall be no less than five feet from the side lot line.

A carport, open on three sides, may be erected within one of the side yards when attached to a dwelling existing on May 24, 1977, provided that the carport shall be not less than six feet from the side lot line.

A carport, open on three sides, which is located in one side yard and attached to a dwelling existing prior to May 24, 1977, may be enclosed, provided that the enclosed carport shall be not less than six feet from the side lot line and that all other provisions of this chapter are met.

Two street lines, equal to the required depth of the building setback from the street line in the district where located.

A street and an access drive or private road, equal to the width of the access drive or private road.

Alter or interfere with the present character of the neighborhood.

Substantially retard or reduce the development potential of the adjacent properties.

Be hazardous or detrimental to the public health and welfare.

Approach Surface Zone.

Conical Surface Zone.

Horizontal Surface Zone.

Primary Surface Zone.

Transitional Surface Zone.

Any request for a variance shall include documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, or will be in accordance with the intent of this section.

Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Municipality residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Municipality, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Encourage the collocation of wireless communications facilities on existing wireless support structures rather than the construction of new tower-based wireless structures;

Protect Municipality residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;

Ensure that wireless communications facilities will be removed in the event that such wireless support structures are abandoned or become obsolete and are no longer necessary; and

Update the Municipality's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

Procedures.

Development Regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Timing of Approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount specified by the Master Fee Schedule. If the Municipality receives an application for a tower-based WCF and such application is not fully completed, then the Municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Municipality.

Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the WCF applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Municipality within 15 days of completion. If a public hearing is required, notice of any hearing before the Board of Commissioners shall be published in a newspaper circulating within Lower Swatara Township at least 10 days prior to the date of said hearing; any mailing of notices that may be required by the Board of Commissioners shall be at least 10 days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the WCF applicant.

Collocation.

Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly, National Association of Tower Erectors). Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Municipality.

Wind and Ice. All tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All tower-based WCF structures shall also be designed and constructed to withstand the wind load for the place of installation in accordance with the Pennsylvania Uniform Construction Code, but not less than a wind load of 100 miles per hour.

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Municipality justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 150 feet.

Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Lower Swatara Township Planning and Zoning Coordinator on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Municipality reserves the authority to revoke the permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Historic Buildings and Districts. No tower-based WCF may be located in or within 100 feet of any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Municipality.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Emergency Power Supplies. Any tower-based WCF shall be constructed with both primary and secondary sources of electric power. The secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the tower-based WCF and its antennae for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The secondary source of electric power shall be capable of remote ignition and shall activate immediately upon loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Lower Swatara Township Director of Codes and Planning at least five business days prior to such electric generator testing or electric generator maintenance.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Municipal Code, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection Report Requirements. No later than the first day of December of each odd-numbered year, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Planning and Zoning Coordinator no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Municipality. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

Retention of Experts. The Municipality may hire any consultant(s) and/or expert(s) necessary to assist the Municipality in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Law. The applicant and/or owner of the WCF shall reimburse the Municipality for all costs of the Municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Nonconforming Uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Public Rights-of-Way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

Eligible Facilities Request.

Design Regulations:

Surrounding Environs:

Fence/Screen:

Accessory Equipment:

Additional Antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Municipality with a written commitment that it will allow other service providers to collocate antennae on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Municipality.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Municipality that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be improved to a width of at least 10 feet with a dust-free, all-weather surface throughout its entire length.

Bond. Prior to the issuance of a conditional use zoning permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Municipal Attorney. The bond shall provide that the Municipality may recover from the principal and surety any and all compensatory damages incurred by the Municipality for violations of this law, after reasonable notice and opportunity to cure. The owner shall file the bond with the Municipality and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

Visual or Land Use Impact. The Municipality reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Graffiti. Any graffiti on the tower-based WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Municipality.

Inspection by Municipality. The Municipality reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Municipal Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Procedures.

Development Regulations. Nontower wireless communications facilities shall be collocated on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:

Site Plan. An applicant for a nontower WCF must submit a full site plan to the Lower Swatara Township Planning and Zoning Department which shall include:

Eligible Facilities Request.

Visual or Land Use Impact. The Municipality reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.

Historic Buildings and Districts. No nontower WCF may be located on, or within 100 feet of, any historic or preservation district, property, or on a building or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Municipality.

Prohibited in Open Space and Conserved Lands. Nontower WCFs shall not be located within an open space or conserved land.

Timing of Approval. All applications for nontower WCFs shall be acted upon by the Municipality within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount specified by the Master Fee Schedule. If the Municipality receives an application for a nontower WCF and such application is not fully completed, then the Municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Municipality.

Retention of Experts. The Municipality may hire any consultant(s) and/or expert(s) necessary to assist the Municipality in reviewing and evaluating the application for approval of the nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the nontower WCF shall reimburse the Municipality for all reasonable costs of the Municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of conditional use zoning permit, the owner of a nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Attorney. The bond shall provide that the Municipality may recover from the principal and surety any and all compensatory damages incurred by the Municipality for violations of this Section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Municipality and maintain the bond for the life of the respective facility. The owner of the nontower WCF shall maintain a bond in the following amounts:

Design Regulations.

Standard of Care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Municipality.

Wind. All nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All nontower WCF structures shall also be designed and constructed to withstand the wind load for the place of installation in accordance with the Pennsylvania Uniform Construction Code, but not less than a wind load of 100 miles per hour.

Public Safety Communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such nontower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Lower Swatara Township Planning and Zoning Coordinator on an annual basis. A nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Municipality reserves the authority to revoke the permit of any nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Aviation Safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection Report Requirements. No later than the first day of December of each odd-numbered year, the owner of the nontower WCF shall have said nontower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of nontower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Lower Swatara Township Director of Codes and Planning no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Municipality. No later than 30 calendar days upon completion of aforesaid repairs, the nontower WCF shall again be inspected in accordance with the parameters and requirements described herein.

Maintenance. The following maintenance requirements shall apply:

Upgrade, Replacement, Modification.

Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Graffiti. Any graffiti on the nontower WCF, including wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Municipality.

Public Rights-of-Way. No nontower WCF shall be located, in whole or in part, within the public rights-of-way.

Signs. All nontower WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.

Lighting. Nontower WCF shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobstrusive and inoffensive an effect as is permissible under state and federal regulations.

Emergency Power Supplies. Where practicable, nontower WCF shall be constructed with both primary and secondary sources of electric power. If included, the secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the nontower WCF and its antennae for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The secondary source of electric power shall be capable of remote ignition and shall activate immediately upon loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Lower Swatara Township Director of Codes and Planning at least five business days prior to such electric generator testing or electric generator maintenance.

Noise. Nontower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Lower Swatara Municipal Code, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

Inspection by Municipality. The Municipality reserves the right to inspect any nontower WCF to ensure compliance with the provisions of this law and any other provisions found within the Lower Swatara Township Municipal Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a nontower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Development Regulations.

Procedures.

Timing of Approval.

Eligible Facilities Request.

Nonconforming Wireless Support Structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other non-conforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Application Fees. The Municipality may assess appropriate and reasonable application fees directly related to the Municipality's actual costs in reviewing and processing the application for approval of a small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Master Fee Schedule.

Standard of Care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code (UCC), or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or any property in the Municipality.

Historic Buildings and Districts. No small WCF may be located on, or within 100 feet of, any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Municipality.

Wind and Ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure. All small WCF structures shall also be designed and constructed to withstand the wind load for the place of installation in accordance with the Pennsylvania Uniform Construction Code, but not less than a wind load of 100 miles per hour.

Radio Frequency Emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Lower Swatara Township Planning and Zoning Coordinator on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Municipality reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Time, Place and Manner. The Municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Accessory Equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Municipality.

Graffiti. Any graffiti on the small WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Municipality.

Design Standards. All small WCF in the Municipality shall comply with the requirements of the Lower Swatara Township Small Wireless Communications Facility Design Manual, a copy of which is on file with the Municipality.

Collocation. An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the Municipality finds that the proposed small WCF cannot be accommodated on an existing structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable wireless support structures within a 1/4 mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the Municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable wireless support structure cannot be utilized.

Relocation or Removal of Facilities. Within 90 days following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Retention of Experts. The Municipality may hire any consultant(s) and/or expert(s) necessary to assist the Municipality in reviewing and evaluating the application for approval of the small WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the small WCF shall reimburse the Municipality for all reasonable costs of the Municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities, provided that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are non-discriminatory.

Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Municipality. The owner of each small WCF shall pay an annual fee to the Municipality, in an amount specified by the Master Fee Schedule, to compensate the Municipality for the Municipality's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

Requirement of Insurance. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Lower Swatara Township Secretary, upon request, and as provided herein.

No Payment or Reimbursement. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The Municipality shall not provide direct payment or reimbursement to persons for the costs of maintaining the required insurance coverages. The Municipality shall not provide direct payment or reimbursement to persons for the costs of furnishing the required insurance coverages.

Specified Minimum Insurance Ratings, Registration, and Additional Endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of "Rated A-VII or Better" from the A.M. Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall name Lower Swatara Township as an additional insured by endorsement on the certificate(s) of insurance.

Furnishment of Certificates Prior to Commencement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish Certificates of Insurance to the Lower Swatara Township Secretary evidencing coverage in compliance with the regulations herein. The failure of Lower Swatara Township to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by Lower Swatara Township.

Revocation of Permit. The failure of any person to construct, operate, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the Municipality reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.

Minimum Insurance Requirements. Each person that owns or operates a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:

Increasing the Minimum Insurance Requirements. The minimum insurance requirements specified herein may be increased upon the review and determination of the Lower Swatara Township Board of Commissioners.

Notice Prior to Cancellation or Expiration of Insurance. The certificate(s) of insurance shall provide that 30 days written notice prior to cancellation or expiration be given to the Lower Swatara Township Secretary via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Lower Swatara Township Secretary no less than 30 days prior to expiration or cancellation of the respective policy.

Requirement to Indemnify and Hold Harmless. Each person that owns or operates a tower-based WCF, a nontower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCF.

Requirement to Defend. Each person that owns or operates a tower-based WCF, a nontower WCF, or a small WCF shall defend any actions or proceedings against the Municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.